FL
Florida House Bill H1467

Florida 2023 Regular Session

Florida House Bill H1467 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12- 1
12+A bill to be entitled 1
1313 An act relating to the City of Kissimmee, Osceola 2
1414 County; creating an overlay district; providing a 3
1515 short title; providing boundaries; providing an 4
1616 exception to general law; requiring the Division of 5
1717 Alcohol Beverages and Tobacco of the Department of 6
1818 Business and Professional Regulation to issue special 7
1919 alcohol beverage license to certain restaurant 8
2020 establishments meeting specified space, seating, and 9
2121 minimum gross revenues requirements; providing 10
2222 penalties for any licensee that fails to meet such 11
2323 requirements; prohibiting subsequent licensure 12
2424 application for a specified period; providing an 13
2525 effective date. 14
2626 15
2727 Be It Enacted by the Legislature of the State of Flor ida: 16
2828 17
2929 Section 1. There is created an overlay district in the 18
3030 City of Kissimmee known as the Vine Street Community 19
3131 Redevelopment District, more particularly described as follows: 20
3232 21
3333 A parcel of land lying within Sections 13 & 24, 22
3434 Township 25 South, Range 28 East, Sections 14 through 23
3535 23, Township 25 South, Range 29 East, Osceola County, 24
3636 Florida; all Plat Book and Pages and Official Record 25
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4545 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4646
4747 Book and Pages referenced within this legal are all 26
4848 found in the Public Records of Osceola County, 27
4949 Florida; and being m ore particularly described as 28
5050 follows: 29
5151 Begin at the Northeast corner of Lot 2, VALENCIA PARK, 30
5252 Plat Book 7, Page 101; thence East, along the Easterly 31
5353 extension of the North line of said Lot 2 to the East 32
5454 Right of Way line of Denn John Lane; thence South 33
5555 along the East Right of Way line of Denn John Lane to 34
5656 the South line of WINDSOR OAKS, Plat Book 8, Page 42; 35
5757 thence departing said East line, run East, along the 36
5858 South line of WINDSOR OAKS and the South Right of Way 37
5959 line of Columbia Avenue, as shown on SPRINGT REE 38
6060 CROSSING, Plat Book 5, Page 25 to the East line of 39
6161 Section 14, Township 25 South, Range 29 East; thence 40
6262 departing said South Right of Way line, run South 41
6363 along said East line to the North Right of Way line of 42
6464 Old Boggy Creek Road; thence departing said East line, 43
6565 run West, along said North Right of Way line, to a 44
6666 point being due North of the West boundary line of the 45
6767 Osceola Memorial Gardens as described in the Warranty 46
6868 Deed recorded in Official Records Book 261, Page 763; 47
6969 thence departing said North Ri ght of Way line, run 48
7070 South, along the West boundary line of said deed and 49
7171 its Southerly extension, to the Southerly Right of Way 50
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8080 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8181
8282 line of US Highway 441 and 192; thence Northwesterly, 51
8383 along said Southerly Right of Way line, to a point on 52
8484 the East boundary line of Parcel 1D as described in 53
8585 Warranty Deed recorded in Official Records Book 4401, 54
8686 Page 164, said line, also labeled as Osceola County 55
8787 Property Appraisers Parcel ID as 23 -25-29-00U0-0058-56
8888 0000, thence departing said Southerly Right of Way 57
8989 line, run Southwesterly, along said East boundary 58
9090 line; thence West, along said South, boundary line, to 59
9191 a point on the East line of Osceola County Property 60
9292 Appraisers Parcel ID 23 -25-29-00U0-0050-0000; thence 61
9393 South, along said East line, to the South line of the 62
9494 Northeast ¼ of the Northeast ¼ of Section 23, Township 63
9595 25 South, Range 29 East; thence West, along said South 64
9696 line, said line, also being the South line of 65
9797 NORTHSHORE PLAZA REPLAT, Plat Book 23, Page 121, to a 66
9898 point on the West line of said NORTHSHORE PLAZA 67
9999 REPLAT; thence North, along said West line, to a point 68
100100 on the South line of Lot 5, Block I, KISSIMMEE 69
101101 GARDENS, Plat Book 1, Page 32; thence departing said 70
102102 West line, run West, along said South line, to a point 71
103103 on the West line of said Block I; thence North, al ong 72
104104 said West line, to a point on the South Right of Way 73
105105 line of U.S. Highway No. 441 and 192, thence West, 74
106106 along said South Right of Way line, to a point on the 75
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115115 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
116116
117117 East boundary line of a Warranty Deed recorded in 76
118118 Official Records Book 4317, Page 1737 said p oint also 77
119119 being the West line of Mill Slough Canal; thence 78
120120 departing said South Right of Way line, run 79
121121 Southwesterly, along the West line of Mill Slough 80
122122 along the following Official Records Book 4317, Page 81
123123 1737; Book 1719, Page 922 and Book 1239, Page 2698 , to 82
124124 a point on the East line of MILL CREEK MALL, Plat Book 83
125125 11, Pages 104-105; thence Southwesterly, along the 84
126126 boundary of said MILL CREEK MALL, to the intersection 85
127127 of the West line of Mill Slough and MILL CREEK MALL, 86
128128 said point also being the Easterly bou ndary line of a 87
129129 Quit Claim Deed recorded in Official Records Book 943, 88
130130 Page 1452; thence departing said MILL CREEK MALL 89
131131 boundary line, run Southwesterly, along said East 90
132132 boundary line of said deed, to the Government Meander 91
133133 line of Lake Tohopekaliga; thenc e Northwesterly along 92
134134 said Government Meander line to the West line of 93
135135 Section 23, Township 25 South, Range 29 East; thence 94
136136 North along said West line to the Easterly Right of 95
137137 Way line Oak Street; thence Southwesterly along said 96
138138 Easterly Right of Way line to a point on the East 97
139139 boundary line of a Special Warranty Deed recorded in 98
140140 Official Records Book 3722, Page 995; thence South 99
141141 along said East boundary line to the Government 100
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150150 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
151151
152152 Meander line; thence Southwesterly along said 101
153153 Government Meander line to the East boundary line of 102
154154 said Special Warranty Deed recorded in Official 103
155155 Records Book 1165, Page 2403; thence North along said 104
156156 East boundary line to the South Right of Way line of 105
157157 Oak Street; thence North to the Southeast corner of 106
158158 Tract C, HERITAGE SQUARE, Plat Book 5, Page 58; thence 107
159159 West along the North Right of Way line of Oak Street 108
160160 to the East Right of Way line of the Central Florida 109
161161 Commuter Rail Transit - SunRail; thence departing said 110
162162 North Right of Way line, run Northerly along said East 111
163163 Right of Way line to the intersection of the North 112
164164 Right of Way line of Vine Street/U.S. Highway No. 441 113
165165 and 192 with the East Right of Way line said Central 114
166166 Florida Commuter Rail Transit - SunRail; thence 115
167167 departing said East Right of Way line, run Westerly 116
168168 along said North Right of Way line to the West Right 117
169169 of Way line of Central Avenue; thence departing said 118
170170 North Right of Way line, run South, along said West 119
171171 Right of Way line to the North Right of Way line of 120
172172 Oak Street; thence departing said West Right of Way 121
173173 line, run West, along said North Right of Way line to 122
174174 the East Right of Way line of Mann Street; thence 123
175175 departing said North Right of Way line, run 124
176176 Southwesterly to the Northeast corner of Lot 1, Block 125
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185185 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
186186
187187 A, PALM PARK, Plat Book 1, Page 127, said point also 126
188188 being on the South Right of Way line of Oak Street; 127
189189 thence West, along said South Right of Way line to the 128
190190 West Right of Way line of Dyer Boulevard; thence 129
191191 North, along said West Right of Way line to the South 130
192192 line of Lots 13 & 14, KISSIMMEE EXECUTIVE PARK, Plat 131
193193 Book 2, Page 206; thence departing the West Right of 132
194194 Way line, run West, along said South line to the East 133
195195 Right of Way line of Collins Drive; thence departing 134
196196 said South line, run South, along said East Right of 135
197197 Way line to the North line of T & H HOLDINGS, Plat 136
198198 Book 20, Page 117; thence departing said East Right of 137
199199 Way line, run West, along said North line to the East 138
200200 line of Lot 2, GASPERONI CENTER PHASE 2, Plat Book 13, 139
201201 Page 49; thence South, along said East line to the 140
202202 Southeast corner of said Lot 2; the nce departing said 141
203203 East line, run West, along said South line to the West 142
204204 Right of Way line of Armstrong Boulevard; thence 143
205205 departing said South line, run North, along said West 144
206206 Right of Way line to a point on the South line of 145
207207 lands described in Warranty D eed recorded in Official 146
208208 Records Book 5911, Page 426; thence departing said 147
209209 West Right of Way line, run West, along the South line 148
210210 of said Warranty Deed recorded in Official Records 149
211211 Book 5911, Page 426 to the West boundary line of said 150
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220220 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
221221
222222 lands; thence depart ing said boundary line, run the 151
223223 following six (6) courses and distances according to 152
224224 the Special Warranty Deed recorded in Official Records 153
225225 Book 2617, Page 962; thence West, along the North line 154
226226 of a parcel of land described in Official Records Book 155
227227 258, Page 132, a distance of 144.65 feet; thence 156
228228 South, along the North line of a parcel described in 157
229229 Official Records Book 258, Page 132, a distance of 158
230230 91.00 feet; thence S58°27'55"W, along the North line 159
231231 of a parcel described in Official Records Book 258, 160
232232 Page 132, a distance of 258.12 feet; thence West, 161
233233 along the North line of a parcel described in Official 162
234234 Records Book 258, Page 132, a distance of 115.00 feet; 163
235235 thence S59°02'10"W, along the North line of a parcel 164
236236 described in Official Records Book 258, Page 13 2, a 165
237237 distance of 174.93 feet; thence West, along the North 166
238238 line of a parcel described in Official Records Book 167
239239 258, Page 132, a distance of 40.57 feet to the East 168
240240 Right of Way line of Hoagland Boulevard; thence 169
241241 continue West along the Westerly extension of said 170
242242 South line to the West Right of Way line of said 171
243243 Hoagland Boulevard; thence Northerly, along said West 172
244244 Right of Way line to the North Right of Way line 173
245245 McClellan Street; thence departing said West Right of 174
246246 Way line, run West, along the North Right of Way line 175
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255255 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
256256
257257 of said McClellan Street to the East line of the lands 176
258258 described in Warranty deed recorded in Official 177
259259 Records Book 2987, Page 57; thence departing said 178
260260 North Right of Way line, run North, along said East 179
261261 line to the North line of the North line of the South 180
262262 ½ of the Northwest ¼ of the Northeast ¼ of said 181
263263 Section 19 as described in said Official Records Book 182
264264 2987, Page 57; thence departing said East line, run 183
265265 West, along said North line to the West line of lands 184
266266 described in Official Records Book 822, Page 2934; 185
267267 thence departing said North line, run South, along 186
268268 said West line to the North line of McClellan Street; 187
269269 thence departing said West line, run West, along the 188
270270 Westerly extension of the North line of McClellan 189
271271 Street to the East line of the N orthwest ¼ of 190
272272 aforesaid Section 19; thence departing the North line 191
273273 of said Westerly extension of the North Right of Way 192
274274 line of McClellan Street, run North, along said East 193
275275 line to the South Right of Way line U.S. Highway No. 194
276276 441 and 192; thence departing said East line, run 195
277277 West, along said South Right of Way line to the West 196
278278 line of the Northeast ¼ of the Northwest ¼ of said 197
279279 Section 19; thence departing said South Right of Way 198
280280 line, run South, along said West line to the North 199
281281 line of PARADISE COVE, Plat Book 16, Page 97; thence 200
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290290 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
291291
292292 departing said East line, run West, along said North 201
293293 line to the West Right of Way line of Bass Road; 202
294294 thence departing said North line, run North, along 203
295295 said West Right of Way line to the South line of 204
296296 KISSIMMEE CHICK-FIL-A REPLAT, Plat Book 22, Page 46; 205
297297 thence departing said East Right of Way line, run 206
298298 West, along the South line of said Easterly extension 207
299299 and South line of the said KISSIMMEE CHICK -FIL-A 208
300300 REPLAT and the South line of KISSIMMEE WAL -MART #817, 209
301301 Plat Book 9, Page 3 to t he Southwest Corner of said 210
302302 KISSIMMEE WAL-MART #817; thence departing said South 211
303303 line, run North, along the West line of said KISSIMMEE 212
304304 WAL-MART #817 to a point on the South Right of Way 213
305305 line of Oren Brown Road; thence departing said West 214
306306 line, run West, along said South Right of Way line to 215
307307 the East Right of Way line of South Roma Way; thence 216
308308 departing said East Right of Way line, run 217
309309 Northwesterly to the West line of MEDIEVAL TIMES, Plat 218
310310 Book 18, Page 22, said point also being the West line 219
311311 of the Southwest ¼ of the Southeast ¼ of Section 13, 220
312312 Township 25 South, Range 28 East, said point also 221
313313 being on the North Right of Way line of Oren Brown 222
314314 Road; thence departing said North Right of Way line, 223
315315 run North, along said West line, to a point on the 224
316316 South line of the North 934.00 feet of the Northwest ¼ 225
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325325 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
326326
327327 of the Southeast ¼ of said Section 13 as referenced in 226
328328 Official Records Book 6100, Page 1632; thence East, 227
329329 along said South line, to a point on the Westerly 228
330330 Right of Way line of U.S. Highway 192 -State Road 530; 229
331331 thence Southerly and Easterly, along said Westerly and 230
332332 Southerly Right of Way line to a point being the 231
333333 Southerly extension of the West boundary line as 232
334334 described in Warranty Deed recorded in Official 233
335335 Records Book 1664, Page 842; thence North, along said 234
336336 West boundary line, to the North line of said 235
337337 described lands; thence East, along said North 236
338338 boundary line, to the East line of said described 237
339339 lands; thence South, along said East boundary line, to 238
340340 the South Right of Way line of U.S. Highway 192 -State 239
341341 Road 530, said point being a Southerly extension of 240
342342 the East boundary line of said deed; thence departing 241
343343 said East line, run East, along said South Right of 242
344344 Way line to the East line of said Section 13; thence 243
345345 departing said South Right of Way line, run North, 244
346346 along said East line, to a point on the North Right of 245
347347 Way line of U.S Highway 192 -State Road 530, said point 246
348348 also being a Westerly extension of the South line of 247
349349 CALOIARO COMMERCE CENTER, Plat Book 22, Page 35; 248
350350 thence departing said East line, run East, al ong said 249
351351 North Right of Way line and said South line, to a 250
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360360 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
361361
362362 point on the West line of KISSIMMEE OAKS A REPLAT, 251
363363 Plat Book 9, Page 86; thence departing said North 252
364364 Right of Way line, run thence Northwesterly, along 253
365365 said West line, to a point on the Southerly l ine of 254
366366 CITRUS ESTATES, Plat Book 4, Page 68; thence 255
367367 Southwesterly, along said Southerly line, to a point 256
368368 on the East Right of Way line of Old State Road 257
369369 530/Old Vineland Road; thence Northwesterly, along 258
370370 said East Right of Way line, to the Northerly line o f 259
371371 said CITRUS ESTATES; thence departing said East Right 260
372372 of Way, run Easterly, along the North line of CITRUS 261
373373 ESTATES, to the East line of Section 13, Township 25 262
374374 South, Range 28 East; thence North, along said East 263
375375 line, to a point on the North boundary lin e of a 264
376376 Warranty Deed recorded in Official Records Book 5983, 265
377377 Page 2414; thence the following two (2) courses and 266
378378 distances, as described in said Warranty Deed; thence 267
379379 East, a distance of 218.17 feet; thence S32°34'East, a 268
380380 distance of 401.80 feet to the Nor theast corner of Lot 269
381381 1, KISSIMMEE OAKS A REPLAT, Plat Book 9, Page 86; 270
382382 thence Southeasterly, along the East line of said Lot 271
383383 1 to a point on the North boundary line of a Special 272
384384 Warranty Deed recorded in Official Records Book 6183, 273
385385 Page 1536; thence N85°25 '12"East, along the South line 274
386386 of Yates lands, 789.39 feet to the Westerly line of 275
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395395 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
396396
397397 Yates Road (as described in Official Records Book 276
398398 6183, Page 1536); thence departing said Westerly Right 277
399399 of Way line, continue Easterly to the East Right of 278
400400 Way line of Yates Road; thence North, along said East 279
401401 Right of Way line to the North line of the South ½ of 280
402402 the Northwest ¼ of the Southeast ¼ of the Southwest ¼ 281
403403 of Section 18, Township 25 South, Range 29 East, as 282
404404 referenced in Official Records Book 3371, Page 2063; 283
405405 thence departing said East Right of Way line, run 284
406406 East, along said North line to the West line of the 285
407407 Northeast ¼ of the Southeast ¼ of the Southwest ¼ of 286
408408 said Section 18; thence departing said North line, run 287
409409 North, along said West line to the North line of th e 288
410410 Northeast ¼ of the Southeast ¼ of the Southwest ¼ of 289
411411 said Section 18; thence departing said West line, run 290
412412 East, along said North line to the West line of Tract 291
413413 B, SHINGLE CREEK PLAZA, Plat Book 7, Page 2; thence 292
414414 departing said North line, run Northerly, along the 293
415415 West line of said Tract B to the Northwest corner of 294
416416 said Tract B; thence departing said West line, run 295
417417 Easterly and Southerly, along the North line Tract B 296
418418 to the East line of Tract B and West line of Lot 3, 297
419419 SHINGLE CREEK PLAZA; thence departin g said North Line 298
420420 of Tract B, run South, along said West line of Lot 3 299
421421 to the South line of said Lot 3; thence departing said 300
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430430 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
431431
432432 West line, run East, along said South line to the West 301
433433 line of FOXHALL PHASES 1, 2, & 3, according to 302
434434 Official Records Book 710, P age 574 and Official 303
435435 Records Book 754, Page 1102; thence continue East, 304
436436 along said South line of FOXHALL PHASES 1, 2, & 3 to 305
437437 the West Right of Way line of Hoagland Boulevard; 306
438438 thence departing said West Right of Way line, run 307
439439 Northeasterly to the Southwest corner of Lot 10, 308
440440 OSCEOLA SQUARE, Plat Book 4, Page 146, said point also 309
441441 being the intersection of the East Right of Way line 310
442442 of Hoagland Boulevard and the North Right of Way line 311
443443 of Columbia Avenue; thence departing said East Right 312
444444 of Way line, run Easter ly, along the North Right of 313
445445 Way line of Columbia Avenue to the West line of CROSS 314
446446 ROADS PLAZA, Plat Book 20, Page 70; thence departing 315
447447 said North Right of Way line, run North, along said 316
448448 West line to the North line of said CROSS ROADS PLAZA; 317
449449 thence departing said West line, run East, along said 318
450450 North line to the East Right of Way line of Thacker 319
451451 Avenue; thence departing said North line, run South, 320
452452 along said East Right of Way line to the North Right 321
453453 of Way line of Columbia Avenue; thence run Easterly, 322
454454 Northerly & Easterly, along said North Right of Way 323
455455 line of Columbia Avenue to a point on the East Right 324
456456 of Way line of Main Street; thence South, along said 325
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465465 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
466466
467467 East Right of Way line to the North Right of Way line 326
468468 of Columbia Avenue; thence departing said East R ight 327
469469 of Way line, run East, along said North Right of Way 328
470470 line to the West Right of Way line of Michigan Avenue; 329
471471 thence departing said West Right of Way line, run 330
472472 Southeasterly to a point on the East Right of Way line 331
473473 of Michigan Avenue, said point also be ing the 332
474474 Northwest corner of lands described in Official 333
475475 Records Book 257, Page 434; thence departing said East 334
476476 Right of Way line, run East, along the North line of 335
477477 said lands described in Official Records Book 257, 336
478478 Page 434, said North line also being the South line of 337
479479 the North ½ of the Southwest ¼ of Section 14, Township 338
480480 25 South, Range 29 East; thence continue East, along 339
481481 the South line of the North ½ of the Southwest ¼ of 340
482482 said Section 14 to the Southwest corner of Tract C, 341
483483 PEBBLE CREEK ADDITION, Plat Bo ok 4, Page 178; thence 342
484484 continue East, along the South line of said Tract C to 343
485485 the Southeast corner of said Tract C, said point also 344
486486 being the West line of VALENCIA PARK, Plat Book 7, 345
487487 Page 101; thence run Northerly, along the West 346
488488 boundary line of said VALE NCIA PARK to the North line 347
489489 of said VALENCIA PARK; thence departing said West 348
490490 boundary line, run East, along said North line to the 349
491491 Northeast corner of Lot 2, VALENCIA PARK; thence 350
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500500 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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502502 departing said North line, run Southerly and Easterly 351
503503 along the boundary of said Lot 2 to the Point of 352
504504 Beginning. 353
505505 354
506506 Section 2. Notwithstanding s. 561.20(1), Florida Statutes, 355
507507 the Division of Alcoholic Beverages and Tobacco of the 356
508508 Department of Business and Professional Regulation shall issue a 357
509509 special alcoholic beverage licens e to a bona fide restaurant in 358
510510 the Vine Street Community Redevelopment District described in 359
511511 section 1 that is licensed by the division, occupies at least 360
512512 1,800 square feet of contiguous space, is equipped to serve 361
513513 meals to at least 80 persons at one time, and derives at least 362
514514 51 percent of its gross food and beverage revenue from the sale 363
515515 of food and nonalcoholic beverages during the first 60 -day 364
516516 operating period and each 12 -month operation period thereafter. 365
517517 Failure of any licensee issued a special licens e to meet the 366
518518 required percentage of food and nonalcoholic beverage gross 367
519519 revenue during the covered operating period shall result in the 368
520520 revocation of the license or denial of the pending application 369
521521 for a permanent license of a licensee operating with a temporary 370
522522 license. A licensee whose license is revoked, or an applicant 371
523523 whose pending application for a permanent license is denied, or 372
524524 any person required to qualify on the special alcoholic beverage 373
525525 license application, is ineligible to have any interest in a 374
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534534 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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536536 subsequent license application for such license for a period of 375
537537 120 days after the date of the final denial or revocation. 376
538538 Section 3. This act shall take effect upon becoming a law. 377